Your Health Data and Privacy: What Trans People Should Know
When it comes to healthcare, privacy matters. For transgender and nonbinary people, it can matter even more. Your medical information is personal. Who has access to it—and who doesn't—is something you have every right to think about.
In recent years, conversations about health data privacy have grown louder. Some states have passed laws aimed at protecting healthcare information from being shared across state lines. Others are working on new ways to keep patient data safe.
This isn't legal advice. But it is information that might help you understand what's happening and think about your own privacy as you access care.
Why Health Data Privacy Matters
Your health records contain sensitive information: your name, your medical history, your prescriptions, your diagnoses. For trans people, this might include information about hormone therapy, your gender identity, or your transition.
Most of the time, this information stays between you and your healthcare providers. That's how it should be. But there are situations where others might try to access medical records—through legal requests, subpoenas, or other means.
For some people, especially those living in states with restrictions on transgender healthcare, there's concern about whether their health data could be used against them. That concern is valid, and it's driving changes in how some states approach patient privacy.
What Some States Are Doing
Over the past few years, a number of states have passed what are often called "shield laws." These laws are designed to create protections for people accessing certain types of healthcare, including gender-affirming care.
While every state's law is different, here are some of the types of protections that have been put in place:
Limiting cooperation with out-of-state requests. Some states have passed laws saying their agencies and courts won't help enforce another state's laws against healthcare that's legal in the protecting state. This can include not responding to certain subpoenas or legal requests related to gender-affirming care.
Protecting providers. Some laws protect healthcare providers from losing their licenses or facing legal action for providing care that's legal in their state, even if a patient traveled from somewhere with different laws.
Restricting health data sharing. Some states have added rules about when and how health information can be shared, especially when the request comes from out of state and relates to care that's legal where it was provided.
Prescription privacy. A few states have taken steps to protect prescription information specifically, limiting who can access records of certain medications.
As of late 2025, roughly 18 states plus Washington, D.C. have some form of shield law protections for gender-affirming care. Several others have protections through executive orders. The specifics vary quite a bit from state to state.
What Federal Law Says
At the federal level, HIPAA (the Health Insurance Portability and Accountability Act) has long provided baseline privacy protections for health information. Under HIPAA, your healthcare providers generally can't share your protected health information without your permission, except in specific circumstances.
However, the federal landscape has been shifting. Some guidance that was in place has been rescinded or challenged in court. What federal agencies will or won't enforce has changed with different administrations.
This is part of why state-level protections have become so important to many people. When federal policy is uncertain, state laws can provide an additional layer of protection—depending on where you live or where you receive care.
Practical Steps You Can Take
While laws and policies continue to evolve, there are some practical things you can do to protect your own privacy:
Understand your provider's practices. Ask your healthcare provider how they handle medical records, what their privacy policies are, and what protections they have in place. Providers who serve trans patients are often thoughtful about these issues.
Be mindful of apps and devices. Health information you enter into apps on your phone isn't always protected the same way as information at a doctor's office. Period trackers, fitness apps, and other tools may collect and share data in ways you wouldn't expect.
Know where your care is based. If you're using telemedicine, understand what state your provider is operating from. That state's laws may affect how your records are handled.
Keep your own records. Having copies of your own medical records means you're not entirely dependent on any one provider's systems.
Stay informed. Laws in this area are changing frequently. Following LGBTQ+ advocacy organizations can help you stay up to date on what's happening in your state.
Choosing Providers Who Prioritize Privacy
When looking for healthcare providers, especially for gender-affirming care, privacy practices are worth asking about. Some questions you might consider:
- How does the provider store and protect medical records?
- What are their policies on responding to legal requests for patient information?
- Do they use discreet packaging for mail-order medications?
- Are they located in a state with privacy protections for transgender healthcare?
A provider who takes privacy seriously will be happy to answer these questions. If they seem dismissive or unsure, that might be worth noting.
Moving Forward
The conversation about health data privacy isn't going away. As technology evolves and legal landscapes shift, protecting your personal information will continue to matter.
What's encouraging is that many states have recognized the importance of privacy protections and taken action. And many healthcare providers—especially those who specialize in serving trans and nonbinary patients—are deeply committed to keeping your information safe.
You deserve healthcare that not only affirms who you are but also respects your privacy. As you explore your options, know that providers who understand both of those needs exist. Learn how we protect your care or book a consultation when you're ready.
This content is for informational purposes only and is not medical or legal advice. Laws vary by state and change frequently. All medical decisions should be made in consultation with a licensed healthcare provider. See our full disclaimer for more information.